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(영문) 의정부지방법원 2015.06.18 2015고정682
개발제한구역의지정및관리에관한특별조치법위반
Text

1. The defendant shall be punished by a fine of four million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

No act, etc. of constructing a building, altering the purpose of use, installing a structure, changing the form and quality of land, felling bamboo and trees, dividing land, piling up goods, etc. shall be performed in a development restriction zone: Provided, That in specific cases, such as facilities for living convenience and living of residents in a development restriction zone

Nevertheless, the Defendant, without obtaining permission from the head of Si/Gun/Gu, cut and filled up 2,40 square meters of the forest land B in Nam-si, Namyang-si, which is a development restriction zone, and installed a container in eight square meters of the forest land among the above forest land and changed the form and quality of the land around April 2012.

Summary of Evidence

1. A written statement prepared in C;

1. A written investigation of offenses and a report on the results of business trips;

1. A certified copy of the register (the defendant asserts that the part of the forest at issue in this case was previously a dry field, and thus does not constitute forest land. However, according to the evidence of the judgment, the part of the forest at issue is deemed to have been temporarily lost, and thus constitutes forest land still.) applying the law.

1. Subparagraph 1 of Article 32 and the proviso to Article 12 (1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development concerning facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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